Scope of Review Decision of the Division of Motor Vehicles

The scope of review of an appeal from the administrative decision of the Division of Motor Vehicles is limited to correcting errors of law and determining whether substantial evidence in the record exists to support the findings of fact and conclusions of law. Eskridge v. Voshell, Del. Supr., 593 A.2d 589 (1991). The findings of fact will not be overturned on appeal as long as they are sufficiently supported by the record and are the product of an orderly and logical deductive process. Levitt v. Bouvier, Del.Supr., 287 A.2d 671 (1972). If there is substantial evidence in the record, the court may not reweigh it and substitute its own judgment for that of the agency. Janaman v. New Castle County Board of Adjustment, Del. Super., 364 A.2d 1241 (1976). The Division's understanding of what transpired is entitled to deference since the hearing officer is in the best position to evaluate the credibility of the witnesses and the probative value of the evidence. Voshell v. Attix, Del.Supr., 574 A.2d 264 (1990). "Findings of fact will not be overturned on appeal as long as they are sufficiently supported by the record and are the product of an orderly and logical deductive process." Eskridge v. Voshell, 593 A.2d at 591, (1991). If there is substantial evidence in the record, "the Court may not re-weight it and substitute its own judgment . . ." Janaman v. New Castle Board of Adjustment, Del. Super., 364 A.2d 1241, 1242 (1976). Case law also provides that "when the facts have been established [at the DMV administrative hearing] the hearing officer's evaluation of their legal significance may be scrutinized upon appeal," Voshell v. Attix, Del. Supr., 574 A.2d 264 (1990). However, ". . . the Division's understanding of what transpired" is entitled to deference since the hearing officer is in the best position to evaluate the credibility of witnesses and the probative real evidence." Voshell v. Attix, 574 A.2d at 266.